CHARLES AKPENE AMEKO v. SAPHIRA KYEREMA AGBENU
2015
COURT OF APPEAL
GHANA
CORAM
- DENNIS D. ADJEI (J.A.) - PRESIDING
- LOVELACE-JOHNSON (J.A.)
- CECILIA SOWAH (J.A
Areas of Law
- Family Law
- Appeals and Appellate Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal was filed by the Defendant/Appellant against the Circuit Court's decision to dissolve the marriage and grant custody without proper evidence. The Court of Appeal found that the trial court erred by dissolving the marriage and granting custody based solely on a social enquiry report. The judgments were set aside, and a retrial was ordered.
ADJEI,J.A:
The Defendant/Appellant dissatisfied with the decision of the Circuit Court, Odumase Krobo delivered on 5th December, 2013 appealed to this Court. The notice of appeal was filed on 4th March, 2014 and would be a subject of comment in the course of the judgment.
The facts of the case which culminated in this appeal were that the Petitioner filed a petition against the Respondent for an order dissolving their Ordinance marriage celebrated in 2005 at the Church of Pentecost at Central Akuse, in the Eastern Region. The parties have twins who were seven and half (71/2) years old at the time of the institution of the petition. The petitioner’s claim was that he found the Respondent as disrespectful and quarrelsome after they had gotten married. The Respondent also averred that she was ill treated by the Petitioner. She was accused of being a witch and had a shock from the comment which caused her to be hospitalized at Akuse Government Hospital. The Petitioner willfully failed to have sex with the Respondent for five years without any justification. The Respondent however resisted the dissolution of the marriage and said that the marriage had not broken down beyond reconciliation but if the Petitioner insists for the dissolution she would not oppose it.
Hearing commenced on 17th March, 2013. In the course of the evidence in chief of the Petitioner, the trial court Judge decided to resolve the issue of custody of the twins; the only children of the parties. The trial Judge ordered the Department of Social Welfare to investigate and submit a social enquiry report on the twins to assist him to make appropriate custody orders.
On the next adjourned date; 5th September, 2013 the trial Judge without further evidence dissolved the marriage on the grounds that he had read the pleadings and was satisfied that the marriage had broken down beyond reconciliation.
The matter was adjourned on a couple of times before the social enquiry report was submitted by the Department of Social welfare. On 5th December, 2013, the trial Judge gave custody of the twins to the petitioner in accordance with the recommendations made by the Department of Social Welfare.
The Respondent dissatisfied with the custody order made by the trial Circuit Court on 5th December, 2013 appealed against it on 4th March, 2014.
The three main grounds of appeal are that the judgment is against the weight of evidence on record, the trial Judge erred in law when he dissolved the marriage withou